Alma record. (Alma, Mich.) 1878-1928, 1887-11-11
THEY MUST HANG.
The Supreme Court Refuses to Gran,
Writ Of Error

Petitions Not Likely tn Prove Effective
The anarchists appeal for a writ Of err
ror has been denied by the supreme court
OF the United States. This destroys their
last chance for judicial interference with
he execution of the sentence, and their
only hope now for prolOngation OF life
seems 10 depend upon the executive elem
ency of the governor of Illinois.
The court room was crowded when the
justices took their seats the day the decis-
ion was rendered They appeared un.
usually solemn and serious and a hush
fell over the room when Chief Justiqh
Waite, without a moments decay, an
nouncei that he would read the opinion
of the court in the matter OF an applica-
ton 10y Spies and others for a writ OF err
ror TO the supreme court OF the state Of
Illinois.
Almost the first sentence indicated that
the anarchists a. peal TO the court Of final
resort was Intellectual, and that the writ
would be denied. Chief Justice VI ate,
who il is understood prepared the decision,
proceeded slowly and calmly TO read the
decision while the audience paid the clos
est attention TO each sentence.
In the decision the court takes up sepa-
rately each of the propositions advanced
by the law and questions or fact govern
ing the record upon which 1t Is sought To
establish these propositions, and IN each
and every case rules distinctly against all
these propositions. They ay particular
stress upon the fact that in previous decis-
ions the constltutlonality OF laws similar
to the Jury laws of Illinois had been de-
termned in their favor; and that the
supreme court of Illinois had rightly held
that the accused had not been denied
trial by an impartial jury.
Upon the question OF the composition
OF the jury in the trial court ~ Is held that
both Denker and Sanford had been
properly impaneled and that the fact
that the defense had exhausted their pre-
emptOry challenges when Juror sanford
was presented did not come within the
rule laid down in "a territorial case. de-
cided 10y the supreme court Of the United
states, and that therefore Sanford was
competent juror.
Upon the question Of Spies being com
pellled TO testify against himself the
court holds that no substantiation OF the
fact was shown by the record.
Upon the question of illegal seizures In
Spies office the court sustainS the ruling
of the supreme court OF Illinois. which
refused TO consider this question because
1t had not been raised IN the trial court.
Upon the question Of the special plea
entered by Gen. Butler, that Spies and
Fielden were aliens, and had been deprlv-
ed of their rights and immunitles under
existing treaty stipulatiOns with Ger
many and England, the court holds that
no such question having been presented
in the court below; nor any treaties hav-
ing been cited TO the court in substantial
tion OF this claim, and as the court had not
heen able 10 find any such treaties, IL
therefore followed that il could take no
CogniZance of them, as II was a question
outside the record of the case.
Chief Justice Waite closed by saying:
I'VE are therefore of opinion that no fed
eral question has been presented warrant
ing the interference of this court and
therefore we deny the writ.